0^  ".  rr  '^^, 


[House  Dill,  No.  240 — Sixntr  Slssiom  J 

HOUSE  OF  R1  NTATIVES,  Nov.  30, 1864  —Refer re -1  to 

:ie  Committee  ou  ^i;:itaij  Affairs  aud  ordered  to  be  printed. 

{Bj  Mr.  Clark.] 


To  provide  for  tKc  cstaViisbmcnt  of  a  Bureau  of  Special  and  Secret 

Service. 

I  ilmrcas,  There  is  now  no  eiricient  pvstcm  for  the  cnconrngc- 

S  ment,  development   or  application  of  new   inventions  or  secret 

3  agcncieft  for   the  defence  of  the  country  ;  and  whereas,  it  hai 

4  been  ehown  that,  by  individual  exertion  and  private  eutcrprisc, 

5  many  useful  inventions  have  been  made,  which  would  be  greatly 

6  beneficial  to  the  common  defence,  were   they  regularly  and  sy^- 
'  tematically  applied;  &nd  wherea*.  tbf*re  h  now  no  dofartn?t:t 

8  authorized,  under  existing  lawt,  tw  v^^.'  i.,,jci,v  i^i'  :.  i-  ■• 

9  to  pyfitem  the  oporation  of  new  and  destructive  mode*  of  waifsre, 
10  or  for  the  efficient  direction  of  secfit  agencies,  tuA  to  provide 
1  {  for  thr  7                  \T.'\  npj- Vc'-ti'^n  of  the  ^in"— 

%  enad,  Tliiit  ft  bureau  for  the  ezttainationf  experiment  and  appli- 

3  cation  of  wrulike  invcnii'D"  and  direction  of  scret  agencioi  is 

4  hereby  e  f  one  chief  of  bureau.  »nd  .i  bo  »rl 


8 

5  ofeiamioer!!,  to  consist  of  three  members,  to   be  composed   of 

6  competent  (scientific  and  mecbanio&l  persons,  vrbose  attainments 

7  or  rrr^r.oticc  n  «v  ntjaMfy  them  for  the  duty.     The  rank  of  the 

8  cn;c7  ; ;  (•ur«:in,  nml  of  iin-  r-  ur  ■  of  •examining  onjccr?,  to  be  de- 

9  terraincd  by  the  Preaidcnt,  who  may  assign  officers,  now  in  ser- 

10  vice,  to  those  duties,  or  make  origiual  appointments,  as  he  may 

1 1  deem  bcrt. 

I  Ffc    2.   it  eh»ll  be  the  duty  of  the  I  urf.-\u  berthy  organized  to 

t  examine  all  inventions,  plans  and  enterprises  which  may  be  of 

3  value  in  ofTenBive  or  defensive  warfare,  and  to  cause  to  be  tested, 

4  by  actual  experiment,  sucli   as   may  require  it.  and  are  eo  fur 
.">  approved   by  the  President  vr    beard  of  exannmrg  oiiiccrs   as  to 

6  warrant  the  expenditure  for  such  practical  test ;  and  whenever 

7  any  invention,  plan   or  enterprise  shall  have  been  so  examined 

8  and  approved,  it  shall  be  the  duty  of  the  bureau  to  provide  for 

9  its  eflicicnt   application;   ai;d   for  that  f.iijio.^e  shaii  iiave  j>owcr 

10  and  authority  to  make  all  necessary  ccntracta  for  the  construc- 

1 1  tion  or  purchase  of  all  necessary  devices,  materials  and  imple- 

12  inrnt?;  and  it  shall  be  the  duty  of  all  other  departments  and 
IS  liu.i.ui.-t  to  answer  all  requiaitions  upon  thc-ra  by  the  j  roper 
M  rH  of  the  bureau  of  secret  service,  when  it  can  bo  done  with- 

15  out  serious  detriment  to  other  branches  of  the  public  service; 

16  and  to  employ  o;:^onta  and  experts  in  like  manner  as  other  de- 

17  partmcnls  and  bu'caus  tf   the  Gorernroont,  and  the  firms  and 


s 

id  regulations  of  the  engineer  bureau,  not  inapplicable,  shall  be 

19  those  to  be  observed  anrl  coaformed  to  by  this  bureau. 

1  Sec.  3.  It  shall  be  the  duty  of  the  board  of  examining  officers, 

2  who  shall  be  under  theordersof  the  chief  of  bureau,  to  examine  and 
S  ascertain  the  merit  and  practicability  of  Buch  inventions,  plana 

4  and  secret  enterprises  as  moy  be  pulrnitted,  as  apeciSed  in   the 

5  second  section,  an  1  the  decision  of  a  majority  of  their  number 
C  shall  determine  the  adoption  or  rejection,  subject  to  the  approval 

7  of  the  President,  if  disapproved  by  the  chief  of  the  bureau;  and  the 

8  chief  of  bureau  will  appoint  ibe  proper  p'^r.sons  and  give  the  ne- 

9  cessary  orders  for  carrying  into  effect.     It  is,  however,  further 
!0  provided,  that  the  President  shall  have  the  power  to  direct  the 

1 1  chief  of  bureau  to  carry  into  effect  any  plan   or  enterprise,  or 

12  secret  service  which  he  may  approve,  and  to  appropriate,  if  ne- 

13  cessary,  any  of  the  secret-service  funds,  heretofore  appropriated, 
1  i  for  defraying  the  necessary  expenditures  for  carrying  such  plan 
15  or  flor\icc  into  effect. 

I  Slc.   4.  The  chief  of  bureau  shall  have  discretionary  power, 

1  sabject  to  the  approval  of  the  President  when  the  service  is  an> 

5  Qsually  important,  to  employ  secret  agents  for  service,  either  in 
4  t}, r  r'oiift'f^cratr  States,  or  within  t'lo  f  r.fmy'g  lines,  or  '  ^^f  ^ 
^  J,  and  for  this  parpo?.c  13  cinpowereJ  to  make  tue 

6  of  any  fund   hereafter  appropriated,  and,  if  necensary,  to  draw 

7  upon  the  Mcret-tcrvice  fand  already  appropriated  to  defray  the 


4 

S  expenses  of  each  service  ;  and  Le  is  also  aathorized  to  organizo- 

0  such  a  system  for  the  application  of  the  new  means  of  warfare,  ap- 

I  •)  proved,  and  of  secret-service  agencies,  as  may  tend  best  to  secure 

I I  the  objects  of  the  establishment  of  the  bureau  herein  provided  for. 

1  Sec.  5.  There  shall  be  organized,  under  and  in  connection  with 

2  this  bureau,  a  pniyttchnic  corps,  to  consist  of  one  chief  of  corps, 

3  commanders,  captains,  first  lieutenants  and   second  lieutenants, 

4  V.  ith  the  necessary  **  superintendents  of  construction,"  to  be 
o  appointed  by  the  President,  and  such  number  and  grades  of  non- 
U  commissioned  officers  and  men  as  may  be  necessary  for  the 
7  perfection  and  application  of  such  plans  and  enterprises  as  may 

5  be  approved,  whose  rations  and  pay  shall  be  the  same  as  in  the 

0  corresponding  grades  of  the  engineer  corps  ;    and  who  shall  bo 
H)  under  the  control  and  act  under  the  orders  of  the  chief  of  bureau, 

1 1  -who  shall  receive  his  orders  from,  and  be  under  the  control  and 

12  direction  of,  the  President. 

1  Stc.  C.  The  officers  and  men  of  this  corps  shall  be  assigned 
-J.  and  detailed  from-other  branches  of  service,  upon  the  requisition 

3  of  the  chief  of  bureau,  v/hon  this  may  bo  done  without   serious 

4  detriment  to  the  service  to  which  they  belong,  or  recruited  in 
o  like  manner  as  for  other  branches  of  the  military  or  naval  service, 
G  reference    being    had   in  the   aasignmciit,  (iciuil  or  recruiting  of 

7  men,  to  their  fitness  for  the  particular  service  for  which  they  are 

8  designed. 


5 

1  Sec.  7.  'i  u  shall  be,  and  is  hereby,  autLorized 

2  to  make  euch  contracts  for  the  purchase  of,  or  right  to  use,  any 

3  patented  invention  applicable  to  &nd  valuable  in   this  branch  of 

4  service,  or  to  the  Confederate  States  ;  Provided,  That  such  contract 

5  or  purcLabe  bhall  be  eu^ject  to  the  approval  of  the  Tresident  or 
C  board  of  cxauiinirig  officers,  and  that  in  the  case  of  such  inventions 

7  as  are  iotenUed    to  receive  the    benefits  of  the  act  of  CongrewB, 

8  approved  April  21,  1862,  giving  one  half  of  the  armed   Teasels 

9  of  the  encmv  vrhich  mav  be  destroyed  by  any  new  invcntinn  f  r 
1^  contrivance,  cr  the  benefit  of  any  act  which  i:.;iv  jitrc;j.t' r  be 
1  I  passed,  givii^g  compensation  for  the  deatruclion  of  property  of 
li  the  eneo-y  in  similar  case?,  the  cost  of  the  construction  and 
\S  application  of  such  invention  or  cwir.iivance  incurred  bv  the 
14  GoverLUii.-i*i.  Mjhli  be  denuc^.ui  uotn  i;ie  aij)ount.'v;;ino:i?ca  lo  be 
i5  paid  under  said  act,  or  as  authorised  under  this  act. 

1  Sue  8.  The  bureaa  is  hereby  authorized  to  employ  such  clerkf, 

2  urfiU^'htsmc-n  an']  ctliert:  ns  rnav  b"  r<"Co?»?,'irv  Tt    tl.e  Latir.fFs  cif 
■J  iii2  bureau,  ^ii:i  tiie  tanic  j  jj  ae  is  recci.ea   ly  hKc  cmpioyec.i 

4  of  tho   engineer   bureau,  and   to  make    such    other   incidental 

5  disbursements  as  may  be  ceceseary  to  carry  into  eiTect  the  object." 

■'i    '    rii-'l        hr,<]   t}f-  nfTif .  rs  and    JUtXk   Mid    CIBploTAPi   f'.sill    baro 

7  i';i&  6u.^c  ijgbu  a.a4  imruuniiieBy  ftod  be  0abj«Gt  to  tuc  taue  jca- 

d  altie«,  u  those  of  other  branch &«  of  terfice  ia  the  »riaj  of  db* 

9  Cfintitfigiti  8^m. 


6  * 

1  Slc.  9,  The  companies  and  parties  now  irregulaily  organized 

2  for  the  application  of  submerged  or   ether  defences,  and  known 

3  as  torpedo  corps,  and  for  the  construction  and  use  of  now  warlike 

4  inventions,  or  for  secret  service,  shall  be  incorporAted  into,  and 

5  form  a  part  of,  the  organization  contemplated  by  this  act: 
C  Provided,  Th:\t  in  such  incorporation,  the  terms   ami  conditions 

7  of  persons  heretofore  organizing  or  joining   such   organizations 

8  shall  not  be  invalidated  thereby. 

1  Sfc.  10.  The  valuation  of  the  properfy  of  tho  enemy  destroyed, 

2  and  for   which  compensation  is   provided  in  tha  acta    approved 

3  April  21,  1303,  or  which  may  be  provided  in  any  act  which  caay 

4  hereafter  be  passed,  giving  compensation  in   like  caacs,  shall  be 

5  made  by  the  board  of  examining  officers,  subject  to  tho  approval 

6  of  the  President,  and    their  award   be  immediately  paid  to  the 

7  claimants  whose  claims  are  approved;  and  the  examining  officers 
S  bhall  take  evidence  as  to  the  originality  and  priority  of  inventions, 
0  in  cases  of  claims  for  coinpensation,  and  also  as  to  the  claims  of 

1  (J  different  parties  claiming  the  kounty  for  the  same  work  performed, 

1  1  the  claimant  being  allowed  counsel  and  a  reasonable  time  tq  pro- 

12  duce   his  evidence,  and   examination  and    valuation  by  experts 

13  being  authorized  when  necessary,  and  the  decision  and  award  of 
I  i  the  examining  board,  when  asked  by  the  claimants,  shall  be  final 
1  o  and  binding ;  and  should  it  appear  from  the  testimony  that  the 
l(j  parties  ueing  any  particular  invention  or  device,  in  whole  or  in 


7 

17  part,  were  not  the  oiiginal  inrentors,  a  portion  of  the  aw&rd,  to 

IS  be  determined  by  tLe  board  of  cxninining  officers,  shall  lo  made 

19  to  the  party  who  shall  prove  his  priority  to  the  invention  ;  which 

2r>  rule  p};.'!ll  :ilro  applyvrlior  mrM  ir.vrnf'on  is  BUCCGSsfuUy  adapted 

21  to  a  new  and  valuable  use. 

1  Sec.  M.   When   it  shall   be  proven   to   the  satiefaction  of  the 

i  board  of  examining  officern,  by  the  evidence  of  patents  or  othcr- 

3  wise,  that  the  rjght  of  priority  or  ownership  of  nny  pntentcd  in- 

4  vention  is  rightfulh  poseeesed,  and  that  the  Government  has  ap- 

5  propriated  and  is  using  such  patented   invention,  a  fair  compen- 
€  nation  shall  be  awarded  for  such  appropriation  and  use,  the  award 

7  to   be   in  proportion   to  the   extent  and    value  of  its  use  to  the 

8  Government,  such  award  to  be  determined  by  a  mnjority  of  the 

9  board  of  examining  officers,  and  approved  by  the  President. 

1  Sr.c.  I!.  The  operations  of  the  corps,  hereby  organised,  shall 

t  be,  when  in  the  limits  of  the  rr.i.r,  i^.n'f.  ?<   fr,    „.  ,i„r  tl  r>  con- 

S  trol  of  the  commander  of  the  dcpartacLt  where  they  may  be  de- 

4  signed  to  act,  as  to  the  proper  iime  and  placr  for  each  action. 

1  Sf.c.  13.  All  bounties  and  awards  authorised  to  be  paid  under 

t  Ihe  proviiioQS  of  iLis  act,  fchnll  be  paid  io   th-^  r^^-rrr,  ,,  .  f  -^  « 

9  Confederate  [States,]  at  its  current  rt'u*',  if  the  clmbaMi  ^Lkll  »o 

i  elect,  in   Ilea  of  bonds,  as  heretofore  provided  for  in   prcviotti 

5  acts. 

1  S^c.  14.   For  the  cDCouragoraent  of  t'le  inv«nti?e  talent  of  the 


8 

2  ofiicers  and  men  of  the  poljtecanic  corps,  provided  for  in  the 

3  fifth  and  sixth  sections  of  this  act,  it  ia  hereby  expressly  declared 

4  that  th(?  right  of  compensation  for  any  new  invention  or  contriy- 

0  o..^.  ,  .  i  iho  apjilication  thereof  <'<-v]  ba  in  no-wiso  invalidated 
G  by  reason  of  the  inventor  being  ui  liie  sarvico  of  the  CoafeJerato 
7  States. 

1  Sec.  15.  As  an  inducement  for  the  undertaking  of  diring  and 

2  hazardous  enterprises  by  the  officers  and  men  in  this  service,  it 

3  is  provided  that  they  shall  receive  a  percentage  of  all  materials 

4  of  war,  belonging  to  or  in  use  of  the  United  States  Government, 

5  which  may  be  destroyed   or  captured  within   the  enemy's  lines, 

6  by  whatever  means  that  may  be  used ;  such  percentage   in  no 

7  case  to  exceed  twenty-five  per  cent,  of  the  assessed  value  of  the 

8  property  so  destroyed  or  captured. 

1  Sec.  16.  The  officers  and  men  of  this  bureau  ami  corps  shall 

2  be  subject  only  to  the  orders  and  direction  of  their  superiors  in 

3  this  service,  and   shall  not  be  amenable,  under  the   Articles  of 

4  War  and  Army  Regulations,  in  any  respect,  to  the  ofnccrs  and 
6  authority  of  any  other  branch  of  service. 

1  Skc.  17.  All  the  accounts  and  claim?,  settled  and  pending, 

2  and  all  information  necessary  to  the  effective  organization  of  the 

3  bureau  and  service,  in  possession  of  the  diiforent  Departments, 

4  will  be  turned  over  to  the  secret-service  bureau,  for  proper  ar- 

5  rniigement  and  classification,  to  affoial  the  necessary  information 

6  for  the  settlement  of  claims,  and  for  the  continuance  of  the  ser- 

7  vice  which  is  now  being  performed  ;  subject,  however,  to  the  de- 

8  cision  of  the  President,  as  to  what  service  and  business  of  this 
0  character  shiill  be  placed  under  the  control  of  the  secret-?ervice 

I J  bureau. 


